LAW 607 Lecture Notes - Lecture 3: Summary Judgment
1 Jun 2020
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12c is the same standard as 12(b)(6) failure to state a claim upon which relief can be granted. The only difference is when the motion occurs: 12(b)(6) happens after a complaint is filed and before the answer, 12c happens after both the complaint and answer have been filed. If, on a motion under 12(b)(6) or 12c, judgment matters outside the pleadings are presented to the court and are not excluded by the court, the motion can be converted to summary judgment (rubert- Torres: might be problematic for plaintiff because, without discovery, pl. might not have all the evidence he could to make a strong argument. There is no genuine dispute as to any material fact and movant is entitled to judgment as a matter of law. Page 1 of 3: typically occurs after discovery has been completed, no dispute of material fact. This motion is filed before an answer is filed: def. can"t answer because the complaint was too vague.
